Orange County
Anti-Data Center Policies
Orange County requires data centers to obtain a special-use permit in the Technology District rather than build by right. Large setbacks, water-use limits, and noise studies with strict limits add hurdles, but do not ban projects.
current law · County measureWould remove data centers as a by-right use in all zoning districts and add clarifying language to the definition of “data center,” affecting Sections 70-1 and 70-542.Orange County ZTA 26-01 Removal of By-right Data Center Uses (2026)
What this means
The proposal would remove data centers as a by-right use in all zoning districts. Instead, they could only be considered through a special use permit in the Technology District, adding significant uncertainty and approval steps, though not banning development outright.
People behind it
- Orange County Board of Supervisors
Initiated the zoning ordinance amendment to remove data centers as a by-right use and referred it to the Planning Commission.
- Crystal D. Coleman
Introduced the resolution as the motion maker.
- Eduward M. Van Hoven
Seconded the resolution.
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- Orange County Planning Commission
Responsible for reviewing the proposed amendment, holding a public hearing, and making a recommendation to the Board of Supervisors.
- Orange County Attorney’s Office
Responsible for drafting and preparing the necessary amendment language.
- Planning and Zoning Services
Responsible for drafting and preparing the necessary amendment language.
Restrictions & requirementsHide restrictions & requirements3
The proposed amendment would remove data centers as a by-right use in all zoning districts, meaning they could no longer be developed automatically when otherwise-compliant zoning requirements are met.
Data centers would instead require approval through a Special Use Permit, and the resolution states they may be considered by Special Use Permit through the Technology District.
The proposed amendment would add clarifying language to the zoning ordinance’s definition of “data center,” potentially narrowing or otherwise affecting which facilities are regulated as data centers.
Sources
current law · County measureEstablishes the Technology (T) District, adopted on December 16, 2025, for data centers and other large-scale technology uses requiring campus-style development, while aiming to protect nearby communities, rural character, environmental resources, and quality of life and attract high-wage employment.Orange County ZTA 25-02 Technology District (2025)
What this means
The measure allows data centers in the new district, but only with a special-use permit, and adds major hurdles such as large setbacks, water-use limits, and noise studies with strict limits (data centers require a special-use permit). These requirements would make projects significantly harder and costlier to build and operate, though they do not ban them outright.
People behind it
- Orange County Board of Supervisors
Adopted the resolution initiating ZTA 25-02 and later adopted the ordinance establishing the Technology Zoning District.
- Chairman Johnson
Presented the proposed initiation of the zoning ordinance amendment establishing a Technology District.
- Mr. Nicol
Moved adoption of the resolution initiating ZTA 25-02.
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- Mr. Van Hoven
Seconded the motion to initiate ZTA 25-02.
Restrictions & requirementsHide restrictions & requirements17
Data centers are not permitted by right; they may be established in the Technology District only after the Board of Supervisors issues a special use permit.
The district requires substantial separation from neighboring uses: generally 500-foot setbacks from primary highways, commercial, agricultural, and residential properties; 100 feet from industrial properties; 1,000 feet from the Rapidan River and schools; and 500 feet from perennial streams. The setback from another Technology-zoned lot is 25 feet.
Required setback areas must include buffers at least 50% of the applicable setback depth, with specified vegetation, screening, and maintenance requirements. The complete perimeter buffer must be installed after erosion-control measures for phase I and before utilities or building footers; buffer installation also requires performance security equal to 125% of its cost.
Security fencing, parking areas, above-ground utilities, and most buildings are prohibited within required buffers. Buffers must be maintained in perpetuity, and landscape maintenance surety must cover establishment and five years of maintenance before land-disturbance permits are issued.
Structures are limited to 85 feet in height. Heights up to 100 feet are allowed only if the building is set back an additional five feet for every foot above 85 feet.
Technology District uses may not exceed 70% impervious coverage.
A viewshed analysis with visual simulations is required for zoning-map-amendment and special-use-permit applications. It must include at least four viewpoints, all seasons, line-of-sight analysis, mitigation measures, and demonstrations that buffers will work both when installed and at mature height within ten years.
Data-center exteriors must use muted, non-reflective earth-tone materials. Visible facades must include design changes at intervals no greater than 150 horizontal feet or three times the average building height, subject to specified architectural standards.
Industrial cooling systems must use closed-loop or recycled water. Groundwater, raw water from the Rapidan River, and potable water may not be used for industrial processes or data-center cooling, except for domestic and fire-suppression needs.
Applicants must submit a water-services feasibility plan addressing cooling methods, water sources and quantities, storage, recycling or discharge, wastewater treatment, and effects on aquifers, the Rapidan River, and wells within 1,000 feet of the property. The applicant must pay in full for the County-selected third-party review.
If a reuse-water, or purple-pipe, cooling system is required, the developer must finance and construct it and enter into a water-services agreement addressing system fees, wastewater capacity, discharge, reporting, and other operating terms before construction and development of the system.
Emergency generators are limited to backup or emergency use, must be enclosed in Tier 4 sound-attenuation enclosures, and may be tested only from 10:00 a.m. to 4:00 p.m., unless the Virginia Department of Environmental Quality requires otherwise.
A professional sound study is required before approval. Sound at property lines may not exceed 65 dB(A) during the day or 60 dB(A) at night; those limits decrease by 5 dB(A) when prominent discrete tones are present.
A post-occupancy sound study is required 90 to 180 days after the approved use begins operation, and for each phase of a phased project. Noncompliance requires a remediation plan and corrective work within a timeframe set by the Zoning Administrator.
Sound-generating ground equipment must be fully enclosed where technically feasible. Otherwise, screening walls, berms, and opaque evergreen buffers must be used to reduce noise.
On-site generator fuel tanks are treated as stormwater-management hotspots, requiring a site-plan narrative explaining how they will be addressed. An emergency action plan for all on-site generators must also be submitted to the Fire Marshal with the first site-plan submission.
Outdoor lighting for data-center buildings and parking areas must follow dark-sky standards, including full shielding, downward aiming, controls such as timers or motion sensors, reduced illumination, and generally a color temperature of 3,000 Kelvin or lower.
Benefits & exceptionsHide benefits & exceptions9
Creates a Technology (T) zoning district in which data centers may be established with a special use permit from the Board of Supervisors.
Allows on-site primary power generation for a data center with a special use permit, supporting dedicated facility power.
Allows public utility facilities and telecommunications towers in the Technology District with a special use permit, supporting utility and communications infrastructure.
Permits up to 70% impervious coverage for all uses in the Technology District, allowing substantial portions of a site to be developed with buildings, roads, and other facilities.
Allows structures up to 85 feet high, and up to 100 feet if the building provides an additional five feet of setback for every foot above 85 feet.
Allows the Board of Supervisors, through the special use permit process, to modify the required buffers and to adjust the Rapidan River or perennial-stream setbacks based on site-specific conditions.
Allows the special use permit to determine the setback from a state or federally designated historic district, rather than imposing a fixed setback.
Provides flexibility for data-center building design by allowing the Board of Supervisors to approve alternative façade design standards when needed for compatibility with the surrounding rural aesthetic.
Establishes a framework for reuse-water cooling systems, including a water-services agreement covering system construction, fees, wastewater capacity, operating terms, and usage reporting.
Sources
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